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Court rejects Ndume’s application to withdraw as Maina’s surety

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NDUME

 

The Federal High Court, Abuja Division on Monday rejected an application filed by the Senator representing Borno South, Ali Ndume, to be discharged as a surety in the ongoing trial of the former Chairman of the defunct Pension Reform Task Team, Abdulrasheed Maina.

Ndume, who spent five days at the Kuje Correctional Center after Maina jumped bail, had in the application he filed through his lawyer, Mr Marcel Oru, begged the court to allow him to pull out from the case.

He described Maina’s action that led to his detention as “highly despicable”.

However, Justice Okon Abang held that the trial court has lost the jurisdiction to grant the request.

Justice Okon held that his court has become functus-officio on the issue considering that the lawmaker had earlier gone to the Court of Appeal to challenge a ruling that ordered him to forfeit the N500million bail bond he signed on behalf of the former pension reform boss.

“Where an appeal has been filed, every application will be made before the Court of Appeal.

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“Therefore, any issue can only be entertained by the Court of Appeal,” Justice Abang held.
Consequently, he dismissed the application for want of jurisdiction.

Maina is answering to a 12-count charge alongside his firm, Common Input Properties & Investment Limited, over his alleged involvement in money laundering, to the tune of N2billion.

The Economic and Financial Crimes Commission, EFCC, alleged that Maina equally stole over N14billion from the federal pension account, using names of fake pensioners and non-existent biometric contracts.

The agency told the court that the ex-Pension reform boss used fictitious names to open and operate various bank accounts, as well as recruited his relatives that were bankers to operate fake bank accounts through which illicit funds were channelled, adding that he used part of the stolen funds to acquire landed properties in Abuja.

Midway into the trial, Maina jumped bail and escaped from the country.

Though the court okayed his trial in absentia and issued a warrant of arrest against him, Maina, was subsequently re-arrested in the Niger Republic and returned back to the country on December 4, 2020.

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The court has in the absence of Defendant, remanded his surety, Ndume, in prison custody.

The court initially held that Ndume should either produce Maina for the continuation of his trial, or forfeit the N500m bail bond

Alternatively, it directed the sale of Ndume’s property situated at Asokoro in Abuja to raise the N500m it said should be paid into the Federation Account.

After he regained his freedom on November 27, 2020, Ndume applied to withdraw from the case.

He told the court that he only met Maina once in his life before he decided to stand as his surety, being the lawmaker that represents his constituency.

Ndume said he was pressurized to stand surety for the Defendant by three former governors he met at the Kuje Correctional Center when he went to visit Maina after he was reported sick.

He said: “As a senator serving him (Maina), his family, wife, mother and uncle appealed to me to stand as a surety.

READ  Why I walked out of senate chamber during session- Ndume

“I went to prison to confirm for myself whether he was actually sick and the prison officers told me that he was actually sick and appealed to me to be his surety so that he could have access to medical attention.

“Orji Kalu when he was in prison then, Joshua Dariye, former Governor of Taraba, Rev. Jolly Nyame, all appealed to me in the prison to assist him.

“It took me eight months my lord to take that decision. In fact, I have to be given an indemnity by his uncle; signed by me, him and a lawyer that Maina would always be in court.

“This is one of the professional hazards we face as lawmakers, representing the good, the bad and the ugly.

“If I was not a serving senator, I wouldn’t have course to stand as surety.

“I am helpless before you my lord. I appeal that such innocent citizens like me holding a public office for over one million people should not be subjected to this,” Ndume pleaded.

 

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Court refuses Nnamdi Kanu’s plea for bail, house arrest

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A federal high court in Abuja has dismissed another bail application filed by Nnamdi Kanu, leader of the proscribed Indigenous People of Biafra (IPOB).

 

Binta Nyako, presiding judge, also refused Kanu’s plea to be transferred from the custody of the Department of States Services (DSS) to prison.

 

The defendant’s request to be placed under house arrest was also rejected.

 

Kanu is standing trial on a seven-count charge bordering on treasonable felony as preferred against him by the federal government.

 

BACKGROUND

In 2017, the court granted Kanu bail on the treasonable felony charges filed against him by the federal government.

 

However, the court revoked Kanu’s bail and issued a bench warrant for his arrest after he failed to present himself as required.

 

The IPOB leader was rearrested in Kenya in 2021 and extradited to Nigeria — after being on the run for a few years.

 

In April 2022, Nyako struck out eight of the 15 counts in the charge.

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The remaining seven counts were also quashed by the court of appeal on October 13, 2022, with the judge ordering Kanu’s release.

 

However, on October 28, 2022, the court of appeal granted a stay of execution on its verdict discharging Kanu, after the federal government filed an appeal at the supreme court.

 

On December 15, 2023, a five-member panel of the apex court reversed the verdict of the appeal court and ordered Kanu to resume his trial before the federal high court.

 

BAIL APPLICATION

In the fresh bail application, Kanu asked the court to restore his bail which was revoked in 2017.

 

In the alternative, he asked to be removed from the custody of the DSS and placed under house arrest, or to be remanded in prison.

 

The defendant said contrary to the federal government’s claim, he did not jump bail or breach any of the conditions of the 2017 bail, but had to flee the country when soldiers allegedly invaded his house in Abia.

READ  Abdulrasheed Maina: Court refuses fresh bail application

 

He told the court that he would have been killed if he had not escaped the way he did, and accused the federal government of misleading the court in getting the bail revoked.

 

He also asked the court to set aside the arrest warrant issued against him by the court while he was out of the country.

 

He also alleged that he does not get proper medical services in DSS custody and he is unable to properly prepare for his defence due to restricted access to his lawyers.

 

Delivering the ruling, Nyako refused the application of the defendant.

 

She noted that those who stood surety for the defendant in 2017 had approached the court and applied to be discharged after Kanu escaped from the country.

 

She held that the sureties, in their applications, claimed that they were not aware of the whereabouts of the defendant, a scenario that forced the court to order the forfeiture of their N100 million bail bonds.

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According to the trial court, the issue is currently pending before the court of appeal.

 

The court held that having refused Kanu’s request for bail on several occasions, the only option available to him was to take the matter before the appellate court.

 

However, the judge ordered the DSS to always grant Kanu access to his lawyers not exceeding five persons on every visiting day.

 

It ordered that Kanu must be given “a clean place” to consult with his lawyers at the DSS detention facility, adding that he must be granted access to a doctor of his choice.

 

Nyako warned that any attempt by Kanu’s legal team to file similar applications before the court would be regarded as a gross abuse of the judicial process.

 

“You have an option of appeal, please exercise your right of appeal,” the trial judge added.

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Coup attempt in DR Congo: Three Americans among arrested suspects

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Three Americans have been reportedly listed among suspects responsible for Sunday’s coup attempt in the Democratic Republic of Congo (DRC).

 

Sylvain Ekenge, DRC army spokesperson, said the attempt involved “foreigners and Congolese”.

 

“These foreigners and Congolese have been put out of action, including their leader,” Ekenge said, adding that several suspects were detained and that the situation is now under control.

 

The army spokesperson did not provide further information concerning the incident.

 

Lucy Tamyln, US ambassador to the DRC, said she was shocked and very concerned to receive reports of American citizens being involved.

 

Pictures of two men with their hands clasped were published in local media, alongside pictures of a passport that indicated one was a 36-year-old US citizen born in Maryland.

 

“Please be assured that we will cooperate with the DRC authorities to the fullest extent as they investigate these criminal acts and hold accountable any U.S. citizen involved in criminal acts,” Tamlyn tweeted.

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The army’s announcement of successfully thwarting a coup attempt came hours after armed men attacked the house of Vital Kamerhe, former chief of staff and close ally of President Felix Tshisekedi.
Kamerhe’s residence is about two kilometres from the presidential palace.
Michel Muhima, Kamerhe’s spokesperson, had said the gunmen clad in military uniform engaged the politician’s guards in a shootout, leaving three people dead.

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Raisi’s vice expected to be sworn in as president of Iran

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Iran’s first vice president, Mohammad Mokhber, is expected to assume the presidency after Ebrahim Raisi’s death in a helicopter crash as the country gears up for early elections.

The Iranian constitution stipulates that the first vice president take over “in the event of the president’s death, dismissal, resignation, absence or illness for more than two months”.

 

Raisi, who died on Sunday along with Foreign Minister Hossein Amir-Abdollahian and other officials, was nearing the end of his first four-year term as president.

 

Mokhber’s interim appointment requires the approval of Iran’s supreme leader Ayatollah Ali Khamenei, who has the final word in all state affairs.

 

Presidential elections to pick a permanent successor are to be held within 50 days, according to the constitution.

 

A council made up of the parliament speaker, head of the judiciary and the vice president are to be tasked with organising the national vote.

 

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Mokhber, 68, was appointed vice president as Raisi took office in August 2021.

 

The vice president was born in Dezful city in the southwestern province of Khuzestan, where he held several official positions.

 

For years since 2007, Mokhber chaired the Execution of Imam Khomeini’s Order, a governmental organisation tasked with managing properties confiscated following the 1979 Islamic revolution.

 

The foundation, established in the 1980s, has over the years grown to become a major state economic conglomerate with shares in various sectors.

 

Iranians head to the polls for presidential elections every four years since the Islamic Republic’s first vote in 1980.

 

The constitution sets a two-term limit for Iranian presidents.

 

The position of prime minister does not exist in Iran, and the president — assisted by several vice presidents — is responsible for appointing and directing the cabinet.

AFP

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